What Are My Rights if My Name is on the Deed?

Purchasing a home or inheriting property and seeing your name on the property deed is exciting. But, you may be wondering—what exactly does it mean to be named as a deed holder? What specific rights and responsibilities come with it?

Here in Texas, the deed to a property is more than just a piece of paper. It gives you legal rights to the property and can have major implications on what you can and can’t do with it.

At The Titus Law Firm, we’ve helped countless clients understand the ins and outs of property ownership. Here’s what you need to know.

What It Means to Be on a Property’s Deed

The deed is the legal document that transfers ownership and title for a property. Being named on a deed means you have a legal interest and set of rights tied to the property. These rights are known as your “bundle of rights” as a property owner.

Exactly what rights you have depends on the type of deed connected to the property. Common deed types include:

• Warranty deeds – The highest level of protection for a new owner; previous owners guarantee title
• Quitclaim deeds – No guarantees about the title, transfers interest only
• Trust deeds or deeds of trust – Transfer title to the trustee as security for a debt

So, it’s important to understand the type of deed you hold to know the extent of your rights and responsibilities when named. For instance, a quitclaim deed provides weaker evidence of full ownership than a warranty deed.

Legal Rights Associated with Being on a Deed

Some of the key rights enjoyed by deed holders include:

• The right to use and enjoy the property as you wish. This gives you the authority to live on, rent out, make improvements to, or otherwise utilize the property.
• The right to transfer ownership through the sale or bequeath of the property to heirs. The deed facilitates passing the property to successors.
• Decision-making power over the property. As a deed holder, you share power with any co-owners to make choices about maintenance, expenses, leasing, and more.
• The right to take out mortgages or loans against the property. Your ownership stake gives you the ability to use the property as security for financing.
• Responsibility for taxes, liens, repairs, and upkeep tied to the property. As an owner, obligations like property taxes fall on your shoulders as well.

Being named on the deed also gives you the right to defend your legal ownership if challenged. And it provides evidence you can use the property as collateral for loans, credit, and other financial transactions.

Scenarios Where Being on Deed Affects Rights

There are many situations where having your name on a property deed shapes your rights and actions:

• Marriage or divorce – How you hold the deed determines whether a home is a marital or separate property at stake in asset division.
• Inheriting property – Being named on the deed solidifies your rights as an heir and simplifies transferring the deceased owner’s title.
• Home renovations or additions – The deed gives you the authority to make structural changes or improvements to the property.
• Co-owning property – You must coordinate with fellow deed holders on decisions about renting, selling, and taking out loans against the property.
• Defaulting on the mortgage – Even if you fall behind on payments, the deed still secures your rights, so the bank can’t just seize the property. (However, the lender can still initiate foreclosure proceedings. The deed doesn’t prevent this, but it does mean the bank can’t simply seize the property without going through proper legal channels.)

Your rights are tied directly to the deed, separate from who holds any associated mortgage loan on the property. This becomes very relevant if relationships change down the road.

How to Protect Rights as a Deed Holder

If you’re named on a property deed, here are key actions to take to protect your rights:

1. Record name changes with the county to update deeds and titles. This maintains your rights if you change your legal name.
2. Review the deed carefully and know your deed type. This helps you understand any limitations or warranties that apply.
3. Consult a real estate lawyer for guidance in navigating complex ownership situations like partitions, dissolutions, tenant disputes and more. Don’t jeopardize your rights through ignorance.
4. Monitor the title and confirm no unauthorized changes take place. This defends against improper deed transfers or fraudulent liens placed on the property that could impede your rights.
5. Include the property in your estate plan if desired. The deed permits passing on the property to successors seamlessly.

The deed transfer significant legal rights and obligations as a property owner. So, if you’re a property owner, you need to understand exactly what your deed says, monitor your continuing rights to the property, and address any issues that arise.

Our real estate attorneys can provide guidance on how to exercise your full rights under the law.

Key Takeaways about Property Deeds

A few key points to remember about property rights when your name is on a deed:

• The deed represents your legal ownership interest and title to the property. It’s the ultimate proof you have skin in the game.
• Your rights differ depending on the type of deed – warranty, quitclaim, trust deed, etc. The deed specifies what rights you hold.
• For co-owned property, you must coordinate closely with other deed holders on decisions. It’s a joint set of rights and responsibilities.
• Monitor the deed title routinely to ensure no unauthorized changes take place. This protects against improper transfers or lien issues.
• Consult a real estate attorney to fully understand your rights and responsibilities as a deed holder under Texas property law. Don’t assume you know it all.

Contact Titus Law Firm for All of Your Texas Real Estate Needs

Homeownership is a cornerstone of the American dream. But the legal rights that come with it can sometimes be confusing. Here at the Titus Law Firm, we have years of experience guiding Texas property owners just like you.

If you have questions about your rights or have any issues involving your property deed, don’t hesitate to get in touch. Our team of real estate attorneys is here to help you exercise your full rights and protect your investment in the property.

Contact us today.